Brewer defends immigrant driver's license policy

Alia Beard Rau, The Arizona Republic
5:04 p.m. CDT August 13, 2013

Arizona governor denies licenses to young immigrants with work permits through federal Deferred Action for Childhood Arrivals.

Arizona Gov. Jan Brewer filed arguments with the 9th U.S. Circuit Court of Appeals on Monday, Aug. 12, 2013, defending her order denying licenses to young immigrants who have acquired work permits through the Deferred Action for Childhood Arrivals, or DACA, policy. The federal policy allows undocumented immigrants under 31 who came to the U.S. before they were 16 to apply for a two-year reprieve from deportation.(Photo: Michael Schennum, The Arizona Republic)

On Monday, Arizona Gov. Jan Brewer filed arguments with the 9th U.S. Circuit Court of Appeals defending her order denying licenses to young immigrants who have acquired work permits through President Barack Obama's Deferred Action for Childhood Arrivals, or DACA, policy.

The program allows undocumented immigrants under 31 who came to the U.S. before they were 16 and have lived in this country for five consecutive years to apply for a two-year reprieve from deportation.

Brewer in her brief filed late Monday argued that the Obama policy deprives Arizona of its authority to issue driver's licenses.

"The only conclusion is that no federal law or regulation preempts Arizona's authority to determine to whom it will issue a driver's license," the brief states, later adding that the state could face "potentially serious ramifications" if forced to grant licenses to DACA recipients.

The civil rights groups in their July opening brief seeking a preliminary injunction, argued Brewer's order is unconstitutional.

They allege Brewer is choosing to incorrectly categorize DACA recipients as "not authorized under federal law" based on a political disagreement with Obama. Brewer is Republican.

"Yet defendants still classify all other non citizens granted deferred action as authorized and eligible for licenses," the court document states, alleging that by doing so Arizona is violating the federal Equal Protection Clause.

They also argue that Arizona's treatment of DACA recipients contradicts federal immigration law and "obstructs Congress' delegation of discretionary authority to the federal executive."

The civil rights groups appealed to the higher court after a federal judge in Phoenix refused to overturn Brewer's policy. In May, U.S. District Judge David Campbell ruled that the policy was not unconstitutional.

But he also opined that the immigrant-rights groups may be able to successfully argue to higher courts that the state is treating DACA recipients unequally by letting other immigrants with work permits get licenses.

Brewer's brief doesn't delve into the equal protection argument, but stated that issue needs to be addressed at the lower court level and not by the appeals court.

The civil rights groups now have two weeks to file an optional reply to Brewer's argument. The court may then schedule a hearing with a three-judge panel.